The onus lies heavily on the election petitioner to establish a charge of corrupt practice, which requires strict proof beyond a reasonable doubt.

( 1 ) THE appellant put in issue election of the returned candidate - Ajit Inder Singh, respondent no. 1, who had been declared elected to the Punjab State Legislative Assembly from Sardulgarh Assembly Constituency of District Mansa. 2. The gravamen of the charge in the election petition is to the effect that the election agent of the returned candidate - RW-7, Viney Pratap Singh along with his associates and two gunmen, forcibly entered Polling Booth No. 66-A, located at Government Primary School, Danewala on 7th February, 1997 between 4. 00 and 4. 30 P. M. and captured the booth. It is alleged that as many as 89 ballot papers were snatched by the party from the Presiding Officer at the Polling Booth and RW-7 directed his associates to mark the ballot papers with the symbol of the returned candidate (Sun) and put them in the ballot boxes, which they accordingly did. 3. According to the appellant, the incident of booth capturing was recorded by the Presiding Officer in the Presiding Officers Diary, which was later on submitted to the Returning Officer. A First Information Report, being FIR No. 9, was also lodged at ^ Police Station, Jhuneer, in connection with the above offence of booth capturing on 8th Feb. , 1997 for offences under Sections 353,186,188, 336, 506,148, 149 of the Indian Penal Code and Sections 25 and 27 of the Arms Act, besides Section 135a of the Representation of People Act, 1951 against RW-7 and others. On a report from the Presiding Officer, the Election Commission cancelled the poll of Booth No. 66 and ordered a re-poll of which took place on 9th February, 1997 after due publicity. As a result of the counting, respondent Ajit Inder Singh was declared elected. In the election petition, facts and particulars, of the corrupt practices, allegedly committed by the returned candidate and his election agent and other persons with the consent of the returned candidate or his election agent were detailed in paragraphs 4 (i) and 4 (ii ). The relevant part of the allegations reads thus: " (ii) That at about 4 P. M. while the polling was going on, Shri Viney Pratap Singh, son of Gurprem Singh, resident of Abul Khurana, the election agent of the respondent, Gurpreet Singh alias Guri S/o Shri Raghbir Singh, R/o Makhewala, Tehsil Sardulgarh, District Mansa along with Balvinder Singh, son of surjit Singh, Sukhvinder Singh son of Bant Singh both resident of village Moffor along with two gunmen, namely Gurnam Singh, son of jung Singh alias Jungeer Singh P. S. Lambi, resident of Arniwala and Balvinder Singh son of Puran Singh, resident of Rattakhera, now resident of Abul Khurana, in police uniform came on vehicle, Tata Sumo having no number and at the number plate it was mentioned as A/f outside the Polling Booth No. 66-A, where the polling was going on. Shri Viney Pratap Singh son of Gurprem Singh who is also the Election Agent of the respondent along with Gurpreet Singh alias Guri, son of Shri Raghbir Singh and above mentioned persons and gunmen who came with the election agent of respondent where the polling was going on. The abovementioned Gurpreet Singh alias Guri and other persons mentioned above along with Viney Pratap Singh, election agent and nephew of respondent forcibly entered into the polling station and snatched the ballot papers from the Presiding Officers. Gurpreet Singh alias Guri, started putting the stamps on the ballot papers in favour of the respondent. Shri Karam Singh, the polling agent of respondent and two other agents of the Congress and CPM candidates on Booth No. 66-A who were present there, were folding the ballot papers and putting the same in the ballot boxes. The above mentioned polling agents were also putting thumb impression on counter file (sic) of ballots. Viney Pratap Singh, nephew of the respondent who was having revolver in his hand asked the Presiding Officers, other Polling Officers on duty and Shri Darshan Singh S/o Shri Dalip Singh, the polling agent of Shri Balvinder Singh, SAD c